Incapacity, irresponsibility, or immunity of party to conspiracy.

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(1) It is immaterial to the liability of a person who conspires with another to commit a crime that:

  1. He or the person with whom he conspires does not occupy a particular position orhave a particular characteristic which is an element of the crime, if he believes that one of them does; or

  2. The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

Source: L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-205.


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